Court Form N119 - Particulars of claim for Possession is a form used by landlords and tenants when there has been a breach in a tenancy agreement. It is used to serve notice of eviction, or what is formally known as ‘notice to quit’. Notice to quit is necessary when a tenant does not meet their obligations under the terms of the tenancy agreement – such as paying rent or damaging property.
Court Form 119 must be used when seeking possession of property from an assured shorthold tenant (AST), or any other type of residential tenancy where no fixed end date has been agreed on. This means that it can be used in both private and social tenancies. Court Form N119 must be used if the Court of Protection is seeking possession, however Court Form N5 should be used instead in all other cases.
It is important to ensure Court Form N119 is properly served, as any mistakes can lead to the Court dismissing your claim. The Court will be looking out for proof of service so it’s essential that landlords or tenants follow the correct process. This includes giving notice in writing, delivering it personally or using a reliable method such as Royal Mail Recorded Delivery. It’s also important to make sure all the relevant information is included on Court Form N119 and that you keep copies of all notices for your records.
If Court Form N119 has not been completed correctly, there could be delays as the Court will require further information before they consider possession proceedings. If a landlord fails to provide Court Form N119 to their tenant, the Court may refuse to grant possession. It’s also essential that Court Form N119 has been properly served in order for it to be considered valid by the Court. If this hasn’t been done, then any claim could be dismissed
By following the necessary steps outlined above and completing Court Form N119 as required, landlords and tenants can ensure a smooth process when seeking possession of property. If you have any questions about Court Form N119 or need help with your application, it’s advisable to seek legal advice from a qualified professional.
These guidance notes on how to complete a Partiuculars of Claim relating to the Form N5 for claiming possession of a property. These are under Crown Copyright (© Crown copyright 2010) and you can download them at no cost at the bottom of this document. For your ease we also include the guidance notes below.
Notes for guidance on completing particulars of claim form (rented residential premises)
The following notes are a step by step guide to completing form N119.
They tell you what information is needed for each of the numbered paragraphs in the form.
1. Give the full address of the premises of which you are seeking possession.
2. Name each person, to the best of your knowledge, in possession of the premises. About the tenancy
3.
(a) State the type of the tenancy (e.g. assured, assured shorthold) and when it began.
(b) Give details of how much the agreed rent is and when it is payable.
(c) Give the daily rate at which rent is charged.
4.
(a) If you are claiming possession because the rent has not been paid, set out details of how much rent is outstanding up to the time the claim is issued, including a rent statement showing how the arrears arose. You must give sufficient detail to support your claim for possession. Set out the details in accordance with Paragraph 2.3 of Practice Direction accompanying Part 55 of the Civil Procedure Rules i.e. rent arrears history of 2 years preceeding date of issue or N119A Notes for guidance on completing particulars of claim form (rented residential premises) (04.10) first date of default if less than 2 years. If a longer history is relied on, this should be stated in particulars of claim and the history exhibited to a witness statement.
(b) If you are claiming possession on the grounds of rent arrears only, delete this paragraph. Give details if the defendant has failed to comply with any other terms of the tenancy agreement.
(c) Complete this paragraph if you are claiming possession on a ground other than rent arrears or breach of tenancy. Otherwise delete it.
5. Give full details of steps taken to recover any arrears. If there have been previous court proceedings, give the date they were started and concluded and the terms of any order(s) made.
6. Give the date the notice to quit, notice of breach of lease, or notice seeking possession was given to the defendant. Delete the words in brackets to show which type of notice was served. If you are a local authority on housing action trust and are claiming possession of premises let on a demoted tenancy, you must attach to the particulars of claim a copy of the notice of proceedings under Section 143E of the Housing Act 1996. About the defendant
7. Give what details you know of the defendant’s financial and other circumstances. Say in particular whether: • housing benefit is being paid to you or to the defendant; • deductions are being made from the defendant’s benefits, towards the arrears. If so, say how much. About the claimant
8. Delete this paragraph if you do not wish to give details of your financial and other circumstances to support the claim for possession. Forfeiture
9.
(a) Delete this paragraph if there is no underlessee or mortgagee.
(b) If there is, give that person’s name and address and file, in court, an additional copy of the particulars of claim for service on that person. What the court is being asked to do
10. Delete paragraphs (a) to (d) as appropriate.
11. Tick as appropriate. Demotion/Suspension claim If you are claiming demotion of tenancy or an order suspending the right to buy in the alternative to possession, you must complete paragraphs12-15
12. Specify under which section the claim is made.
13. Indicate whether you are a local authority, housing action trust, registered social landlord or a private provider of social housing, or if appropriate (in the case of suspension claims only) other category of landlord.
14. If you served on the tenant a statement of express terms of the tenancy which are to apply to a demoted tenancy, you must set out the details
15. State details of the conduct alleged and any other matters relied upon. Statement of truth • This must be signed by you, by your solicitor or your litigation friend, as appropriate. Where the claimant is a registered company or a corporation the claim form must be signed by either a director, treasurer, secretary, chief executive, manager or other officer of the company or (in the case of a corporation) the mayor, chairman, president or town clerk. • Proceedings for contempt of court may be brought against any person who signs a statement of truth without an honest belief in its truth.